Artificial Intelligence and Human Rights: Legal Gaps and The Need for Regulatory Reform

Author: Faiyaz Takrim, 3rd Year B.A.LL.B.(Hons.) Student, Sister Nivedita University, Kolkata. [Page: 529-545]

KEYWORDS: Artificial Intelligence, Human Rights, Algorithmic Bias, Legal Framework, Data Privacy, Accountability, Surveillance, Discrimination, Due Process, Ethics, Regulation, Transparency, AI Governance, Fundamental Rights, Constitutional Law, Digital Rights, Autonomous Systems, AI Legislation, Profiling, Facial Recognition, International Law.

ABSTRACT

The rapid evolution of Artificial Intelligence (AI) has generated transformative impacts across global industries, but its legal and human rights implications remain underdeveloped. This paper examines the critical legal challenges and human rights gaps emerging from AI integration into decision-making systems, law enforcement, surveillance, and automated profiling. It explores the inadequacy of existing legal frameworks in addressing algorithmic bias, accountability gaps, data privacy, and the opaque nature of AI’s decision-making processes. Moreover, the study investigates the infringement of fundamental rights—such as equality, privacy, and due process— due to the unregulated deployment of AI tools. Drawing comparisons with international legal standards, the paper identifies structural weaknesses in governance mechanisms and emphasizes the urgent need for comprehensive, rights-based AI regulation. Recommendations are provided to integrate transparency, ethical design, and legal accountability into AI development. This research serves as a foundational step toward creating a more equitable, human-centered approach to regulating AI technologies.

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